The EB-5 U.S. permanent residency by investment program allows you and your immediate family members to live, work, and go to school anywhere in America. You don’t need a sponsor or any special skills.
However, the program has many demanding requirements, so while an EB-5 immigration lawyer is not technically required to file your application, it is highly recommended you work with one to increase your chances of getting your EB-5 Green Card.
EB-5 immigration law experience
You will need to work with an immigration lawyer preferably one with EB-5 experience as the program requirements are different from other immigration categories.
Ask a lawyer you are considering how many EB-5 cases they have handled. How many were regional center cases? Making an investment through a regional center differs from a standalone EB-5 investment, also called a direct investment, so make sure your lawyer is experienced in the type of EB-5 investment you intend to make.
Inquire about an EB-5 immigration lawyer’s approval rate. How many I-526E (regional center) and I-526 (direct investment) cases were approved versus denied? How many are pending (not yet processed)? Has the lawyer filed many investor petitions since the new legislation, the EB-5 Reform and Integrity Act of 2022 (RIA)? The investor requirements before and after the RIA have changed so ensure a lawyer is familiar with the latest legislation policies of U.S. Citizenship and Immigration Services (USCIS).
The EB-5 process is complex and investors must file other applications after their initial potion, such as the I-829 petition to remove conditions on a conditional Green Card. Does a lawyer have any I-829 petitions approved? Any denied? If there are denials, be sure to ask why. Sometimes a denial isn’t related to the ability of a lawyer but is a result of a problem with the investor’s history or source of funds or the investment project.
While hearing about a lawyer’s EB-5 success rate is uweful, don’t stop there; ask for multiple references of EB-5 clients you can speak with. You’ll want to hear directly from other petitioners about their experience with a particular EB-5 visa attorney.
Need an EB-5 lawyer referral? We can help.
Professional credentials
An experienced EB-5 visa lawyer will typically belong to professional legal organizations such as the American Immigration Lawyers Association (AILA). They may also be members of migration organizations such as the Investment Migration Council (IMC). Such memberships indicate that a lawyer is more likely to be aware of the latest policies and trends involved in migration and possibly EB-5.
Support team and EB-5 network
Inquire about a lawyer's support team. A well-rounded team includes paralegals, case managers, and potentially translators if you are not fluent or comfortable in English. Further, a lawyer should have a network of EB-5 professionals, like business plan writers and economists, who may be able to advise on financial matters related to an EB-5 investment project.
Transparency and communication
A good EB-5 visa lawyer should explain the process, timeline, fees, and potential challenges. Understand what information the lawyer expects you to provide, and how often you can expect updates on the progress of your case.
Legal fees
An EB-5 Green Card lawyer could charge a flat fee or bill by the hour. Ask if there are any additional or hidden costs. Experienced EB-5 lawyers can charge $15,000 to $25,000 to work with an EB-5 investor. Remember, your capital investment and administration fees can cost well over $800,000 so don’t choose a lawyer simply based on lower fees; work with someone who is experienced and can give you the best chance of USCIS approval.
Experience with your country or personal situation
Eb-5 investors from different countries face different challenges with USCIS. The immigration service will have specific questions and concerns, for example, about the source of funds for a petitioner from the Middle East. If you were born in a country with such challenges, choose a lawyer who has successfully worked with other petitioners from your homeland.
Additionally, certain personal backgrounds or source of funds issues may also require special experience. If you’re using cryptocurrency as part or all of your source of funds, find a lawyer who has dealt with crypto in an EB-5 case.
Due diligence on EB-5 projects
An EB-5 lawyer should perform immigration due diligence on the EB-5 investment projects you are considering. This means evaluating the project's compliance with program requirements, like job creation, so you can be confident of approval that leads to a Green Card. However, unless a lawyer has additional financial accreditations, the lawyer should not be providing financial advice regarding any EB-5 project. For financial due diligence, talk to accredited financial experts, like broker-dealer representatives, with substantial EB-5 experience.
Don’t rely just on regional center history
A lawyer may have experience dealing with certain regional centers. Don’t rely on this past regional center experience as the full extent of your due diligence as each investment project is a new situation with a different business plan and unique immigration and financial strengths and risks. Your lawyer can comment about a particular project’s likelihood of immigration success but rely on financial advisors to comment on that project’s likelihood of full and timely return of your investor capital.
Need help deciding?
The best EB-5 lawyers can make all the difference in securing U.S. permanent residency through investment. So take your time and evaluate different people before you commit to someone.
If you feel overwhelmed and don’t know where to start, go to our directory of immigration lawyers we have personally worked with and can refer with confidence. If you still can’t decide, reach out to us and we can personally refer one or two options that are a good fit with your situation.
